Opinion
CAAP-22-0000578
05-30-2023
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE POOLING AND SERVICE AGREEMENT DATED AS OF NOVEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-FR4, Plaintiff-Appellee, v. LORI J. HAWTHORNE, fka LORI J. BAUER, aka LORI S. BAUER, Defendant-Appellee, and LANI PACIFIC, Defendant-Appellant, and DOES 1-20, inclusive, Defendants LANI PACIFIC, a registered business entity, Plaintiff-Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE POOLING AND SERVICE AGREEMENT DATED AS OF NOVEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-FR4, Defendant-Appellee, and DOES 1-20, inclusive, Defendants
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NOS. 3CC19100014K and 3CCV-20-0000212
Lisa M. Ginoza Chief Judge, Clyde J. Wadsworth Associate Judge, Derrick H.M. Chan Associate Judge.
ORDER DISMISSING APPEAL
Upon review of the record, it appears that:
(1) The opening brief was due on a clerk's extension on or before February 8, 2023;
(2) Defendant-Appellant David Paul Biesemeyer dba Lani Pacific (Biesemeyer) did not file the opening brief or request a further extension of time;
(3) On February 14, 2023, the appellate clerk notified Biesemeyer that the time for filing the opening brief had expired, the matter would be called to the court's attention on February 24, 2023, for appropriate action, which could include dismissal of the appeal, under Hawaii Rules of Appellate Procedure Rule 30, and Biesemeyer could request relief from default by motion; and
(4) Biesemeyer took no further action in this appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.